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tv   Huckabee  FOX News  July 11, 2011 3:00am-4:00am EDT

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governor with mike huckabee. >> tonight on huckabee. casey anthony's defense team celebrating her acquittal. >> there is a dead baby and nothing to celebrate. what is it like to defend someone charged with murder. >> i ask them if they lied to me. >> clines lie all of the time. >> the dreamm team goes one on one with the governor and prosecutor go too far in charging casey anthony with murder. proving guilt beyond a reasonable doubt. >> they wanted convict it but they didn't have enough evidence to prove that. and how does the jury separate that. jurors take united states inside of the jury room. ladies and gentlemenn, governor mike huckabee.
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c>> welcome to the special edition of huckabee in the fox news studiose in new york city. since i have been lastt with you. i have had some of the biggest news of my life. july 2nd, i am a grandd father and i am pretty happy about that. i want to tell you about my newest addition. this is chandlerr james huckabee. 7 pound and 20 and half inches low. he is the most beautiful baby. he is salute readyy to be a five star general. this is my son and his son and 3generations of huckabee. we are excited. i plan to be the most obnoxious grandparent in the history of mankind . so i hope you enjoy seeing pictures each and every week of my grandson and i will show pictures . after we finish with the pictures that's all we'll have
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time tonight. we are proud and greattful to my son and daughter in law for giving us this greatt joy. this week, america's eyes and ears were focused on the trial of casey anthony and the jury shocked everyone with their verdict. >> charge of first-degree murder verdict the count one find the jury not guilty and so say we all. on the fifth day of july signed foreperson. and so the charge of aggravated child abuse. verdict count two, find the defendant not guilty so say we all org county, florida, fifth day of july signed foreperson. >> the nation's outrage over the verdict opened up a strong conversation about whether asking for the death penalty was a factor in dooming the prosecution's case. overwhelmingly polls show that most americans have strong
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misgivings about executing a mother about the death of her children. it is why some of the death row people less than 6 percent are women. i have seen introduce saying, they would have no trouble carrying out a death sandwiches. people awn peek as if they would gladly carry out the execution. in 10 and half years. i had to carry out the death penalty 16 times and no matter how you think you would react. when you sign your name to a death warrant that starts in motion, a decision that ends in the death of a human being . you think about it and when the ivy line is -- id line is in the veins of a person it is
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not so simple. if the four-10 minutes until death is pronounced time stands still. one of the executions i had to reside over was in one of only 12 women executed. she was a mother who killed two children. she refused to accept legall assistance to stop the execution . people can talk about how certain they are deciding on the death sentence it is because they didn't have to do it. i can't understand how they didn't find her guilty. but i don't understand how people think it would be easy to take the life of a mother. even one who kills a child and god help us all if that ever gets to be easy. that's my view and you can contact me at mike huckabee.comand share with me yourr views as well alen
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dirshwits has defended high profile clients and i asked him if he
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>> oj simpson and casey anthony were not found guilty in court but guilty in public
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opinion. i asked him what he thought of the casey anthony verdict. >> what was your initial reaction. >> i am never surprised in jury verdicts. it could have gone either way. there was enough evidence to infer she may have killed the baby. the duct tape and you had to draww inferances and there was gaps and jurors are not computers. you can't predict the could you tellcome just by quant nighing the evidence. that's the american system. >> was there something other than the jury could have done and reduced the charges and not given first-degree murder but some other type. they rejected manslaughter. >> that's right. >> maybe that is a hard part that they let her walk on all of the charges dealing with the death of the baby. >> that's a good point. there was more than enough
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evidence to convict on manslaughter. the defense proposed an alternative theory that she had nothing to do with the death and maybe her father had something to do with the death and he was covering up his own negligence and baby the prosecution lostt its credible by overcharging, they probablyy did the wrong thing. the anded for too much and they could have gotten a verdict of manslaughter. defense should have never opened the argument by saying the father abused the daughter. you make it oh, she was abused that may have explained why she committed the act of violence. a criminal triall is not a determination of who is the better lawyer. but it is based on the evidence. that could have raised a reasonable doubt. >> professor, i used to have arguments with my lawyers in
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my office and it was over something deemed as being legal even if it was not rightt. i think that is a challenge sometimes for what i would call any average citizen versus an officer of the court, because the officer of the court said it is legal. most of us argue is it right. help us to understand that the court's job is not figuring out if it is right or wrongg but whether or nott it is legal or illegall. >> you hope that a legal system has something to do with the right or wrong or morality and justice and striving for that since the days of the bible. hol mes got into an argument with the law court. mr. justice, the decision is not moral and it is not just . hol mes said young man, we are not in the justice and morality business. we are in the law business. >> i want you to say that again. i think that would be
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something people don't understand. that the justice system is not a morality. >> go to a minister or rabbi or priest if you want morality. if you want it legally correctt, that's what lawyers know how to do. we tryy hard to bringg together morality and legality if we can. if you are a priest or minister and someone tells you they killed somebody and buried the body. the right thing to do is turn to the police. you can't do that if you are a priestt or minister. the law said you have to protect the confidence. we have a conflict of what is right and moral and legal on the other. >> don't expect too much from our legal system. don't expect truth. don't expect justice. because that's not what it is going to give you. >> that's right. it is it a terrible thing to tell the law students. they come and wanting to do
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the justice and right thing and truth. legal system is not diveer geared up to do that. we have exclusionary rules. if you obtain the evidence legally it is good. we have to keep it out. or told something to your wife. the wife can't testify against you even though it is the truth. there is a lot of areas where truth is in conflict of the law and morality is in conflict with the law. it is hard to understand. but it is the essence of what makes our legall system so great. we life by the rule of laww and not human beings. >> that goes to the question i want to ask. as a defense attorney you handled high profile cases. oj simpson case as part of the defense team. does it matter if your client is guilty or innocent and do you ask them that question. >> they all lie to you all of the time.
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clientts lie all of the time. you have to get used to that. my doctors tell me patients lie all of the time. >> it makes it harder. >> it is much harder. one thing i will never do is never celebrate the victory. there is a dead baby and nothing to celebrate. maybe the justice system worked or doesn't. no cell . we do not celebrate victtries. we don't cell brate acquittals. if we lose, we go back and work harder . if we win, i am sad. when i win a case, i don't feel good. i feel like a priest would feel having to go home and have a deep dark secret. i did the right thing legally. but i am conflicted and not happy. >> professor, you understand how see many people watching the trial felt outrage felt like the american justice system failed and that, this
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was a miscarriage of justice and not a carriage of justice. how can you help them to put it in perspective so they are not cynical and angryy and say the technicalities of the law are alowwing guilty people to walk on the treats and become millionaires. she's going to get rich off of >> i hope not. i hope the state of florida takes every penny and uses it to help the real victims of crimes. lookk, people should be angry. you should be angry if you think an injustice has done. don't take it out on the jurors. it is wrong to have signs fearing for their lifes and jurors have to know they are free to come to the legally correctt decision without fear of any kind of recrimination . there is a difference between being angry and justice was not done to caylee and the killer if there was a killer is free . there will never be justice in
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this case and be angry and try to the system but don't take it out on the judge who did a good jobb and the juror who is did a good job. and the lawyerrs did their job. everybody did their jobb. the system worked even though we have a right to be angry at the result and if we feel that the result did not comport. >> do we need changes disappearance of evidence, i think that should be a separate crime. i think she was charged too little with misleading the police. she should have been charged with obstruction of justice and with holding evidence and putting the police on a wild goose chase and served 10 or 15 years for those crimes even if she had nothing to do with the murder. >> i couldn't agree more. professor, aultz a pleasure to
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be with you. >> how do you prove guilt beyond
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>> the casey anthony trial had similarities to the susan smith trial . prosecutor argued that smith's two young son got in the way of a relationship with her boyfriend. she drowned them by putting them in the back seat of a car and let them drown in the lake. caylee got in the way of casey's hard partying life tile both defendants lied to authoritis and sent them on a wild goose chase even though
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they knew they were not actually missing. >> i want to find him and keeping my faith they will be okay. >> but one big difference. the jury in the susan smith trial found her guilty and sentenced her to life in prison. joining me is the prosecutor from the trial tommy pope. he is now a member of the south carolina house of representatives. thank you for joining me today. i want a reaction to what the professor celebrate. it was poignant as a defense attorney he did not celebrate even when he got an acquittal. >> as a prosecutor and attorney you are human and by the same token we deal in tragedy and would i disappointed on the case and didn't turn out absolutely. would i be excite federal it did turn out. it is really about justice. there is a life lost in the case and the media coverage
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saying and we are numb to it. about really no body understands about seeking death and what that means. we get comfortable with it, but the truth is, we are deal lives and serious situations. >> in the case was susan smith you sought the death penalty and she got life without paroll. >> life with parole. >>im sorry, she has a potential of parole. >> about 10 more years and we'll see. >> do women get a different treatment in the criminal justice system and specifically because they are mothers? >> i think they do unfortunately. on the smith case, had it been the black man or father, i think you may have seen a different outcome. it stems some what from the nature of we want to be comfortable that if a mother does something it is because of a psychological issue.
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when i left today, i left my kids with my wife. i am comfortable when i get home they will be taken care of. if that does not happen we want a sign that there must be manage wrong. >> talk about the prosecution in the casey anthony and i know you are reluctant to criticize the prosecutor and you don't have the opportunity to look from what they saw. from an surface observant stand point and you have greater insights having done a similar case. >> are there mistakes that you felt like they made in the prosecution case that theyacge. >> i never want to arm chair quarterback and having been on the inside and thinking that everybody that knows what i am seeing and going on i wouldn't want to judge them. you touched on the seeking of the death penalty or not. one, whatever punishment is available in a given case like with smith, the greatest
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punishment available was the death. i think that's what this crime would have deserved. once you seek the death penalty, the juror in a two-part trial is going to have to decide guilt first and penalty next . so what happens next, the juror who is trying tole with reasonable doubt. if i make this decision because of circumstantial evidence i have to sign my name to give somebody death and i think sometimes seeking the death penalty, and again you alluded to it earlier. seeking the death penalty can weaken the chances for guilt. >> in the case of the anthony trial. one of the arguments was the forensic evidence was not strong enough. you think that the prosecutor may have overcharged. i think that is what the professor was saying. >> today we can say yes. because what we saw in the
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juryy was a jury who used beyond a reasonable doubt to effectivelyy avoid that second decision as we discussed. with the evidence that was there, it was certainly circumstantial and we life in the csi world . i awn used to stand before the jury and part of my opening statement would be explaining it is not csi and although i sat in the chair. my dna may or may not be been there. what would they have said. if casey anthony's dna is there. of course, it is that is their mother. we are primed in the end of the show we get the answers, as alen said. we don't see that in reall life inn fortunatelyy. >> that brings me to the question. is it harder to prosecute a case because people have the expectation of everything being so cut and dryyed and absolute and expecting the gee whiz moment that may not come
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in a criminal case employees >> i used to tell the victims and sitting with the familis and talking about going to trial. i want to go to trial because i want to know the truth . i say and this is paraphrase what alen said. we'll go to trial and hopefully we'll have a convictionn in this matter. but you may never know what happened that night. there may only be the victim and defendant that are the only real one that is can tell you what happened. i will differ with alen a bit. when he talked about our system doesn't deliverr truth. if you meet the burden of doubt we can be comfortable that the individuals that are convicted that the truth has been found. >> what is the toughest part of prosecutor the susan smith case. a mother kills two kids and you seek the death penalty. when it is over and you go
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home that night. tell me what do you say to your wife the night the trial is over and away from the cameras and publicity. what do you say to her. >> you want to know that to the best of your ability you did justice. hardest thing for me in high profile case. people attribute motives. reason i sought death penalty i was supposedlyy running for governor. people attribute different motives to the prosecutors when you are in the public eye. you have to know and restt just like you said signing the warrants, you didn't play to the public or cheap seats and you did what you thought was right and be able to live with that and. >> tommy thank you very much for your insight and sharing your story today. thank you. >> it is an honor to be here. thank you very much. >> there are two people initially that thought first-degree and same time
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they admit they felt it and they felt like it was not substaniated. >> how does the jury separate motive from evidence. >> we'll ask the
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you are watching the powerful name in news, fox. if you would like to comment e-mail us at huckabeemail at >> joining me for the news and commentary on 600 radio
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tadingses and get the huckabee report on a daily pod cast. go to mikehuckabee.comfor more details. >> spectators of the casey anthony expressed shock. but the 12angry men film shows dynamibs of the jury can playy a big part in the outcome of the trial. >> what is the matter of the guys. you know he's guilty and you are letting him slipp through your fingers. >> are you his executioner. >> perhaps you would like to pull the switch. >> for this kid, i bet it up. >> i feel sorry for you if you want to pull the switch. you act like a self appointed public avenger. it is not because of the facts but you are a satist. and jurors come with individual perspectives and
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morals and prejudices. but the laww requires them to come together and weigh the facts of the case and decide someone's guilt or innocence. what is it like deliberating the case that could leak to the death penalty of the accused. i am joined by three members of the jury in 2004 convicted scott peterson for murdering his wife lacy and their unborn child conner. they are all with us here today that was on the scott peterson trial. >> talk about the stress that the jury members experience in the process of going through in your case a high profile and highly televised trial similar to the casey anthony case? >> it was difficult, number one i was an alternate at first and you linn to the information and at the end you don't do anything . then i was put in as a juror and we had to start the whole
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process and that was difficult for the other juror in there who had deliberated but they had to catch me up to where they were. and then just all of the different dynamics and personalities, but i think we were lucky, our jury got along well. >> mike, you didn't know any of the other people and they didn't know you. it is not like you decide on lunch. you decide if a person lifes or dies and that is a weighty decision for a citizen pulled out of their own life. >> it is so stressful and when i saw the dynamics as we went throughh the deliberations and as i saw it, it weighed heavy on every person in that room. we are not deciding as you say where we are going to dinner and we are not deciding that this person will or not have a job tomorrow. we'll decide whether or not this person will spend life in
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prison or go free or whether the person will face the executioner. so, you just, it puts you in another world so to speak . it just is so stressful and this is so tryying . in the end. we only get one shot and you better get it right the first time and everybody knows that sitting in the room and so they give everything they can hopefully to arriving a conclusionn that bringgs about some justice. >> john, i want to bringg you in to this. we saw the clip from 12 angry man and personalities being what they are. there is tension. were there tensions in the jury roomm as it relate to the scott peterson deliberations? >> there was. especially for it is guilty phase . we had a foreperson that him and i clashed.
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i didn't think he was respecting the other jurors in the way he was giving equal time to deliberate on the facts . so when he put the three words guilty or innocent or hung jury, i said you can erace innocence. because at that point, i knew where i stood and i had made up myy mind. the system alowws you but they prefer you don't make it that soon and we went on from there. eventualllyy that foreperson was excused. >> mike, when he was convicted, he was sentenced to death and he's awaiting a death sentence. if and when that day comes, tell me what will happen. will there be closure for you and an end to all of this if the execution happens? >> it will not change
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anything. lace yeconner are still dead. bringing closure to me, no. i you know, either way it goes and if there is converting it to life. there is discussion and death penalty being abolished in california and if that happens thappening, you know, what i know that i did and my fellow jurors did, we know we did the right thing. he will never see the light of day outside of prison walls. that was the rightt thing to do. if he's executed, well, you know, based on the explannation of the laww as we were begin and the application thereof he had it comes . this is what we ruled. i will not shed a tear for one second. >> john, i will ask you about the events in florida and the jury saying this person is not
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guilty, were you tuned by that and how did you react as machine who was through that process spectacularly to the critism that the jury faced. >> i was surprized but not stunned only because of the reason they were sequestered from day one. we were allow to go on with yourr lifes. being sequestered, it might have had a factor in the quick decision . they probably all wanted go home. i know they looked over the facts and less time being sequestered they might have spent more time. >> thank you for serving as members of the jury. there are so many people who do everything they can to get out of juryy duty. i understand why they would. you disrupt your lives and give away yourr personal, really since of privacy and then you make decisions that
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very few human beings are called upon to make and many people are angry about what happened in florida. our jury system is imperfect because we as people are imperfect . if there is any comfort in a decision that a jury makes or i don't like or agree with . for me, it comes back to a point that we may never see justice. i have confidence that we will stand before god and we will give an account of our lives and there will be no hung jury or innocent or not guilty verdicts for those of us who are trulyiy guilty. we will have to pay. thank you for being here today and sharing the story from inside of the jury room . >> for the latestt national unemployment rate. it climbed to 9.2 percent. will the economy ever recover. i will ask jaboni josey when
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we com
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c>> 18,000 new jobs were created in the month of june in america. that is the slowest pace in nine months. president obama tried to explainn why his policies are failing to stimulate the economy, watch. >> wa, wa, wa, wa, wa, wa, wa, wa, wa, wa,. >> i am sure you got that exman egg. this is how the american public reacted. okay, so we have had fun at the president's expense and here's the point. every month we continue to
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have bad numbers and they get worse . the recovery from this last recession is the worst since the great depression. i am going to talk about that . joining me is jaboni josey from the fox business network. >> thank you. >> these numbers are not what the economist or administration expected. if there is a recovery, it is the best kept secret in america >> we can't find evidence of stock tock and wall street was surprised and america was surprised to hear that the united states only created 18,000 jobs last month. one of my colleagues shared with me, governor. the nation of canada trated 25,000. we have 10 times as many citizens and we can't even create enough jobs out there to meet the demapped much less to make ourselves competitive with other nations and that are a fraction of our size.
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what is happening with the administration and what the administration is proposing and the spending policies is not working. >> we have a couple ofs of graphs. i will put one on the board. this will show us the jobs that we have seen.4 percent and after the depression recovery was 12 percent increase in the total number of jobs is shocking is not much of a recovery if we came out of the depression better. and my point is that this is the only graph that matters. if they don't have a job that impacts confidence, they don't have money in their pockets to pay theirr mortgage and so housing market is impacted and put disposal income in the
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economy. that affects overall consumer confidence and impacts wall street and impacts the global economy and has a ripple affect that has more magnitude in terms of impact. >> you mentioned housing. i want to look at another graph. home prices have seen a negative trend minus 10.1 percent compared to the average change during the recoveryy . i hope people can make out how this is. 2001 versus the average and 1980 . the current is absolutely dismal. that is the best way to describe it. >> we are falling behind in a couple of levels. if americans don't have jobs we shouldn't be buying hopes. i am not surprised that housing is showing the impact because americans are doing the responsible thing. if you don't have security, you will not buy a home .
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what that shows, we are not recovering in a way we typically have been doing. after the great depression, we can't follow a play book that we are seeing. we are in a no man's land and world . we are in a situation that you can't spend out of it and you can't lookalt a playy book for. this is a different type of animal that we are dealing with altogether. >> it is an interesting fact that market where housing prices have not declined and have improved. washington d.c.. >> imagine that? >> it is the only market opposed to positive gain and experiencing the 23rd consectative month leading in the housing market and it had positive annual growth for 17 consectative monthses. is it possible that the reasonn so many people in washington, democrats and republicans don't understand the severity of the incredible recession is because they are
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living in a town that is essentiallyy recession proof? >> the government continues to hire and the government gives employees raises . . they are certainly working when the rest of us are not work the rest of us are working hard. and they don't seem to be in touch with what is happening all over america and you can see it happening . one thing i want to add in here. it is not all doom and gloom. we can show graph and americans need to be confident about is that corporations in america which end up being the catalift for hiring people are making more profits than they ever have. they are up 50 percent x. exports are also up. our goods and prunths and services abroad are getting sold because other economies are growing. we want that to happen here in the united states. but we are seeing a positive picture in some areas and what
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matters most and as you and i both know is jobs. we have greenn shoots to be positive about and we want our audience and interviewwers to know that. you can find a positive pocket. we need a lot more. >> i am so glad you helped us to end on a positive note. otherwise it would be gloom and doom and say it is all gone. but it is a greatt country and i am confident no matter who is running things. we'll find a way out of this because americans are hard work innovative people. it is great to have you here with us. >> i am going to be back with closing thoughts on the news of the week. we'll be right back, stay with us .
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>> steven trotter said his political views back listed him from the daily show with john stewart . when he revealled the e-mail that exposed the bias against conservatives. it cost him a manager. i asked steven about the new views and we didn't get around to airing that. you can watch that interview. watch it on the website fox i think you will enjoy it . another story that caught my attention that you should know about . many of the provisions from the 2009 stim tim bill officially called the american recoveryy and reinvestment act are expiring this year. some argued whether the inn tire bill worked or not . you know, we may want to look
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at peculiar programs and see how they did. here's something you may not know. seven.twowbillion of the 787 billion dollar package was for expanding broad band internet acess, to homes without it montana, and northwestern kansas and northeastern minnesota. but did you know how much it costs for those home to get broad band? here's a guess. 349,234 individual household . here's something worse. one percent only one percent of the homes in rural montana were without internet acess if you include 3 g wireless. only sevenhome in that part of thitate without acess. when you do the math, cost of the extending acess to those homes. comes to sevenmillion dollars
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for each home served. you feel good about your tax money spent on the wonderful pork bill? obama continues to even defend this bill as if it created jobs and did greatt things. but it is outrageous . two weeks ago. the human calculator how much each created or saved job cost. look at this program that claims to expand broadcast. 350,000 per household. that ought to give us something to think about . finally this week. what a scene it was on the florida coast on friday. >> two, one, zero lift off. final lift off of atlantis on the shoulders of the space shuttle, america will condition to dream. >> houston controlling the fleist atlantis and the space
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shuttle spreads his wings for the final time in history. >> among the crowd was my own wife who took this photofrom her iphone. we made several trip to see the shuttle and this time i couldn't go. but of course, the shuttle went occupy. atlantis rocketed to space and despite the threat of rain it went up and marked the final launch for nasa space launch program that latested 30 years. the space program is a point of great pride for america and the scientist who made it happen and the astronauts who trained beyond the breaking point and riskked their lives to guide the pace craft are true pioneers and patriots and heroes. i am a strong supporter of the space program and i used to keep up with the programs before there was a space shuttle. in 1971, when i was 15 years old, i representted arkansas
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as a high school sophomore in the youth foundation seminar in cape kennedy. that is me on the right of the screen and hugh o'brian on the left. they spent two weeks with the space center and engineers. i know most americans take it for grant it is a shame we are down sizing a vital part of the developing technology and innovation it is one of the few places that government ought to spend more and not lesss. here's why. if you watch television or have a digital camera or smart phone. if you had a life saving surgery by lasser or a disease diagnosed by an mri or a personal computer that is smaller than a buick and e-mailed a photy on of your grand kids or cook in a
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microwave and maybe justt found yourself some place with a gps. you heed to be glad for a space program. that space program is an important part of us . congratulations to yankees short stop derek jettter getting his 3,000 hit in style with a home run. congratulations to a great sports figure and class act. thanks for watching tonight. i look forward to being back with you next week. this is mike huckabee in the fox studios, good night and god blesss .
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